Plymouth police sergeant indicted

Friday

Oct 12, 2012 at 12:01 AMOct 12, 2012 at 12:18 PM

The police reports accused a West Plymouth man of kicking one police officer in the knee and another in the groin while being booked for allegedly driving drunk last fall. But after a defense attorney asked to see videotape of the incident, a much different scenario emerged.

Rich Harbert

The police reports accused a West Plymouth man of kicking one police officer in the knee and another in the groin while being booked for allegedly driving drunk last fall.

But after a defense attorney asked to see videotape of the incident, a much different scenario emerged.

According to federal prosecutors, a local police sergeant assaulted the defenseless man in a police holding cell, hitting him in the head and kneeing him in the body while the man’s hands were cuffed behind his back.

A federal grand jury this week charged Sgt. Shawn Coughlin with using excessive force on an arrestee and then covering up his action.

Coughlin, 45, was indicted Tuesday on charges of deprivation of constitutional rights under color of law and falsifying a record to impede a federal investigation.

Coughlin could not be reached for comment, but his attorney said the 15-year veteran of the local police force maintains his innocence. “My client is going to enter a plea of not guilty. He denies the allegations,” attorney Thomas Drechsler said. “He’s had a very positive career, and he’s done a lot of very good things for the community in his work, and that will all come out.”

If convicted, Coughlin faces up to 10 years in prison on the civil rights violation and up to 20 years in prison on the falsifying police reports charge.

Coughlin joined the local police force in February 1997, transferring from the Marshfield Police Department. He was promoted to sergeant in 2006 and had been working alternately as a patrol supervision and shift commander on the midnight shift.

Coughlin has been on paid administrative leave since December, when local police became aware of the videotape and referred the case to federal prosecutors. With the indictment, police could begin to withhold Coughlin’s pay, but the issue may be moot.

Police Chief Michael Botieri said town officials are already in the process of pursuing disciplinary action against Coughlin.

“It’s a sad day for us, but this department is strong, and the action of one doesn’t reflect on the entire department,” Botieri said.

Botieri confirmed that a second police officer involved in the incident, Patrolman Jonathan Yule, has been on administrative leave since December as well. Yule has not been charged in connection with the incident.

According to federal prosecutors, the incident occurred Nov. 19, 2011, in a holding cell at police headquarters. Coughlin allegedly struck and kneed the arrestee and then reported the suspect “continued to resist by attempting to kick at the officers present … while still screaming obscenities and various threats.”

Botieri refused to identify the suspect in the case, but a local defense attorney this week confirmed the man at the center of the case is one of her clients.

Attorney Krysten Condon said her client was injured in the assault and spent more than a month in jail, missing Thanksgiving and Christmas with his family, before police administrators and prosecutors reviewed evidence from the case and dropped all charges.

A review of District Court records from the case reveals that Yule stopped the man for speeding on Carver Road shortly before 3 a.m. Nov. 19.

According to Yule’s police report, the man was allegedly traveling at 62 mph in a 40 mph zone, smelled of alcohol, exhibited signs of being intoxicated and failed three field sobriety tests.

Yule and Coughlin both reported that the trouble started a short time later while the man was being processed at police headquarters. Both reported that the man was using a cell phone in the holding cell and became verbally abusive and combative after Coughlin told Yule to take it.

They reported that the man screamed obscenities at Yule and kicked him in the knee. They further alleged that the man then kicked Coughlin in the upper thigh and groin with black, heavy-soled boots.

Coughlin and Yule reported that the man was restrained and placed on the floor, where he continued to kick at officers while still screaming obscenities and making threats. Both reported that the man was then shackled.

The man was charged with driving under the influence of alcohol, speeding, and two counts each of assault and battery on a police officer and assault and battery with a dangerous weapon (shod foot).

Condon, the defense attorney, said her client insisted he was the victim, prompting her to file a motion to preserve and inspect evidence, including videotape, from the booking.

She said prosecutors contacted her shortly after last Christmas, asking her to go to court because they had seen videotape of the incident. Condon would not specifically describe the events on the tape, saying only “the video was completely opposite the police officer reports.”
Court records indicate all charges against the man were dismissed at the request of prosecutors Dec. 28

“I have to say the district attorney and the Police Department acted very honorably,” Condon said. “Once the district attorney and the Police Department saw the video, they immediately called his case into court and dropped all charges against him.”

Botieri said police immediately contacted federal prosecutors after a review of evidence in the case suggested a possible civil rights violation.

He said Coughlin and Yule were both placed on administrative leave in December.

Yule, who had been on the police force for less than a year, does not face any charges. Botieri said Yule was originally placed on paid administrative leave but has been on leave without pay by agreement for several months now. Yule could not be reached for comment.

Town Manager Melissa Arrighi said the town is in the process of taking disciplinary action against Coughlin. She said there has not been any civil complaint filed in connection with the case. “At this point we don’t anticipate any civil action,” Arrighi said.

Arrighi said the incident, while difficult, was addressed properly.

“Plymouth has always displayed a high code of conduct in our police department and this incident is disheartening; however, I believe the police chief acted promptly, and this town will take whatever steps necessary to main a high level of conduct in our department,” Arrighi said.

Botieri said he remains proud of his department.

“This is an isolated incident, and I want to highlight we did the right thing from the moment we thought something was done incorrectly, and I think that’s what the town expects of us, Botieri said. It’s hard to deal with as a department for all the officers up through the ranks, but this should not reflect on them.”

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